Validity and veracity of medical testimony, correlation between head injury and mental state, and observations of the judicial officer are crucial in assessing disability in motor accident claims.

The Bajaj Allianz General Insurance Company Limited has challenged the legality of the award, dated 20.05.2011, passed by the Senior Civil Judge and MACT- IX, Harapanahalli, whereby for the injuries sustained by Smt. Sharadamma, the claimant/respondent, the learned Tribunal has granted a compensation of Rs.4,79,000/- along with interest @ 9% p.a. from the date of petition till the date of realization.

2. Briefly the facts of the case are that on 18.02.2009, the claimant – respondent, along with others, was on the way (as pedestrian or pad yatre) to attend the festival of Sri Kottureshwara Swamy, at Kottur town, in Kudligi Taluk. Around 8.00 p.m., when the respondent and others, were near the Chapparadahalli Village on Kottur-Harapanahalli Road, the driver of a private bus, bearing Reg.No.KA-17/A-7227, drove the bus in a rash and negligent manner, and dashed against the claimant - respondent. The claimant-respondent was immediately rushed to the Government Hospital at Kottur for treatment. Thereafter, she was admitted to Davanagere Hospital. After recovering from the accident, the claimant filed claim petition under Section 166 of Motor Vehicles Act. In order to support her case, she examined herself and Dr. Mahesh Babu, as PW.2, and submitted 130 documents. On the other hand, the Insurance Company did not examine any witness, but submitted a single document. After assessing the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal by the Insurance Company.

3. Mrs. H.R. Renuka, learned counsel for the appellant has vehemently contended that the learned Tribunal is not justified in taking the extent of disability as 40%. For, neither the treating Doctor, nor the Neurologist was examined by the claimant - respondent. The claimant - respondent had merely examined Dr. Mahesh Babu (PW.2), a Consultant Psychiatrist, practicing at Davanagere. Therefore, the claimant - respondent had failed to prove the extent of her disability caused due to the accident. Therefore, the impugned award deserves to be interfered with by this Court.

4. On the other hand, Mr.Mahesh R.Uppin, the learned counsel for the claimant – respondent, has pleaded that Dr.Mahesh Babu (P.W.2), had not only spoken about the mental condition of the claimant - respondent after having suffered severe head injuries, but had also given scientific and logical reasons for concluding that she was suffering from a disability of 40%. Therefore, the witness had clearly spoken about the affect of the injuries suffered by the claimant - respondent. Hence, the learned Tribunal was justified in assessing the disability suffered by the claimant - respondent to the extent of 40%. Therefore, learned counsel has supported the impugned award.

5. Heard the learned counsel for the parties and perused the impugned award.

6. Admittedly, Dr. Mahesh Babu (PW.2), is a Psychiatrist, and was not the treating Doctor of the claimant - respondent. However, as a Psychiatrist he has been able to adjudge the effect of head injuries on the functioning of the brain. He has issued a certificate which is as under:

“CERTIFICATE

This is to certify that I have examined Smt. Sharadamma, aged about 41 years. Who presented with h/o socially withdrawn behaviour, not motivated to work, crying to self, decreased personal care, impaired occupational functioning, since the time she met with head injury in an RTA, in feb. 2009.

Clinical examination shows decreased psychamator activity lack of spontaneity in both vergal and motor activities, lack of personal care, depressed and dysphoric affect.

Cognitive functions were assessed in detail using MMSE (Mini Mental State Examination) and STRUBB AND BLACK composite mental state examination proforma.

The findings are as follows:

Attention aroused, concentration ill sustained

Impaired immediate, recent and remote memory

Impaired visual memory

Impaired constructional ability.

Disability as assessed using IDEAS (Indian Disability Evaluation and